¶1(dissenting) — I am impelled to a short, separate dissent, because I am not in accord with all that Judge Don-worth says in his dissent relative to the inadmissibility of some evidence of the assault on Sharon Sharp. I must agree with him, however, that the state, under the guise of proving identity and intent, launched into practically a full scale trial of the defendant for the attempted rape of Sharon Sharp.
¶2When the pages upon pages of testimony with relation to that offense are considered, together with the exhibits relating to it, it is difficult to see what additional testimony could be introduced had the defendant actually been charged with that offense. Under such circumstances the defendant did not have a fair trial.
¶3Obvious guilt is no justification for a manifestly unfair trial. In my opinion there should be a new trial.
¶4October 26, 1961. Petition for rehearing denied.